The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1887-02-02
Bill No.

Kennedy's bill providing for the post.
ling of estrays in this territory.
All cattle, horses, hogs, or other To-
mestic ANIMALS found running at large in
this Territory unclaimed between the LIST
day Of November and the list day o fApril
in each year, and also all such domestic
animals found within the lawful enclos-
ure Of any freeholder within this Ter
ritory, shall be estrays within the neal
ing of this act and treated as such.
Wher any estray shall be taken up,
the person so taking up said animal shall
within ten days go before the nearest and
most accessible justice of the peace and
shall under oath describe said animal.
giving ear marks, brands and flesh marks
p and approximate value.
Said justice of the peace shall reduce
the statement of the said person to writ
ing, which written statement shall be
signed by the said person, giving his
postofice address, when said justice shall
certify the same for record to the clerk
and recorder of the county, and shall i'm
mediately transmit the same to such
clerk and recorder, and the saidjustice of
the peace for his services herein shall
receive the sum of n dollar.
The county clerk and recorder shall
record SAID statement in a book which
shall be provided and kept for the pur-
pose in his office, which Look shall be
open for inspection during all times
when his Office is required by law to be
kept open; and he shall also cause to be
published in the newspaper which has
the contract to do the legal printing of
that county said statement for at least
four successive we eks. for which pub
LEGATION shall receive not to exceed two
dollars and fifty cents for each animal
described, and Immediately after such
publication said clerk and recorder shall
forward to the territorial auditor a copy
of such printed statement. And said
clerk and recorder shall be allowed to
charge and receive for his services, in
addition to the cost of publication as
aforesaid, the sum of one dollar.
The person taken up such animal or
estray shall advance all the necessary
sums for the payments of the fees and
costs provided for in this act.
When anyone shall establish to such
animal as may have been taken up as an
estrav, he shall reimburse the persons
who shall have taken up the same to the
full extent of expenditures and expenses
and expenses incurred together with
reasonable compensation for the keep
of such animal. Such ownership shall
be established by affidavit before a~justice
of the peace, who shall record such Aft
davit within his docket. If the parties can
not as to the amount of such charges, the
same shall be assessed by such justice OF
the peace, who shall receive for his SER
vices in the establishment of ownership
and assessment of charges the sum Of
one dollar. Provided, That no charge
shall be made for the keep and care Of
the said animal if the same has been
used during such time as 1t may have
been kept by such person.
When any animal shall be and remain
unclaimed after having been posted az
above provided for the period of two
years, the clerk and recorder shall issue
a notice of such fact to a justice of the
peace of the township In which suck
estray has been taken up and posted
and the justice of the peace receiving
the notice shall fix the amount of dam
ages due to tfe person taking up ant
posting the e~strays, giving notice of sucf
intention to said persons; and the justic,
of the peace shall direct a constable O
the township to sell such estrays at pub.
lie auction to the highest bidder. From
the proceeds of such sale the Constable
shall receive ten per cent for his ser7ices
the Justice who directed the sale shall
J receive a fee of one dollar, the Clerk ane